Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

82 Settlement of complaint by conciliation




    82 Settlement of complaint by conciliation

  (1)  If a professional conduct committee has decided to submit a complaint to
conciliation, it must appoint an independent person (the
conciliator) to assist the health practitioner and complainant
concerned to resolve the complaint by agreement.

  (2)  The conciliator must, within a reasonable time after his or her
appointment, provide the professional conduct committee and the responsible
authority with a written report as to whether or not the complaint has been
successfully resolved by agreement.

  (3)  If, after consideration of the conciliator's report, the professional
conduct committee thinks that the complaint has not been
successfully resolved by agreement, it must promptly decide
whether---

      (a)  the committee should lay a charge against the practitioner before
the Tribunal; or

      (b)  the committee should make 1 or more of the recommendations specified
in section 80(2) about the practitioner; or

      (c) No further steps be taken under this Act in relation to the
complaint.

  (4)  If the professional conduct committee decides to lay a charge before the
Tribunal, it must---

      (a)  formulate an appropriate charge; and

      (b)  lay it before the Tribunal, together with a copy of the
conciliator's report; and

      (c)  give a copy of the charge and the report to the practitioner, the
responsible authority, and the complainant.

  (5)  The costs of conciliation must be paid by the responsible authority.

  (6)  If the committee makes a determination that no further steps be taken
under this Act in relation to the complaint,---

      (a) No further steps may be taken under this Act in relation to the
complaint; and

      (b)  the committee must give the practitioner, the responsible authority,
and complainant written notice of---

          (i)     the determination; and

          (ii)    the committee's reasons.
Compare: 1995 No 95 s 94
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